Many violent crimes in Madison fall under Chapter 940 of Wisconsin State Statutes, "Crimes Against Life and Bodily Security." A battery could be a Class A misdemeanor with a penalty of up to $10,000, 9 months in prison or both. A first-degree sexual assault is a Class B felony with a penalty of up to 60 years in prison.
Domestic Violence Attorneys Madison office just off the Beltline
Penalties for Domestic Abuse in Dane County
Consequences for domestic violence charges pertain to the degree of criminal battery charges you’re facing. Whatever the case, bail jumping in WI only makes it worse.
Misdemeanor battery charges carry the following maximum penalties:
- Up to 9 months in jail
- Maximum fines of $10,000
- Domestic Violence fee of $100
- Increased jail time (up to 6 months) for using or threatening to use a weapon
- Community Service
When it comes to felony battery charges, the LEAST SEVERE charge is a maximum of 6 years in prison. The MOST SEVERE penalty is a maximum of 15 years in prison in addition to fines.
The Domestic Violence Defense Lawyers Madison Relies on for Dropping or Reducing Charges
In Wisconsin, the charge of domestic violence is usually bundled with others to increase the severity of the consequences. Domestic violence charges can change the life of the accused, especially when drug charges, sexual assault charges, false imprisonment charges, misdemeanor battery charges or firearm charges are added to the initial domestic violence crime.
How to Beat a Domestic Violence Charge in Dane County
A domestic violence conviction hangs on the ability to prove the situation was domestic and the act itself was violent. In order to win a domestic violence defense case, you will have to disprove one of these two elements.
By law, the domestic portion of domestic violence includes any person you have ever lived with. This means anyone you are currently living with, such as a significant other, parent, child, roommate and anyone you have previously shared a residence with, regardless of how long ago it was. The law currently states that anyone convicted of a criminal charge that includes acts of domestic violence is prohibited from owning a firearm. Don’t let a misunderstanding ruin your life.
Disproving Violence to Drop a Frivolous Charge in Wisconsin
The violence aspect leaves more room for interpretation. In addition to any unwanted physical contact, a domestic violence charge includes both direct threats and perceived threats. Violence, damaging property or making someone fear for their wellbeing based on your actions can all be considered domestic violence.
For example, if you break your roommate’s property out of anger during an argument, this action is deemed an act of violence. If the police get involved, you may be at risk for a domestic violence charge because it was an act of violence against a cohabitant- a conviction could threaten your ability to possess a firearm.
If you or someone you know is facing a domestic violence charge in Wisconsin, speaking with our Madison-based criminal defense attorneys as soon as possible is vital to the outcome of your case. Allowing time for a defense strategy is crucial; an impending court date can limit that time.
Grieve Law LLC’s attorneys have a proven record of getting domestic violence cases dismissed, or a not-guilty verdict on many cases in Dane County. Numerous Grieve Law clients have had their first offense drunk driving, domestic violence, gun and drug related charges dropped or significantly reduced. Beginning with the free consultation, our domestic violence defense team listens to the specifics of your unique case and builds the strongest defense.
When facing domestic violence charges in Waunakee, Fitchburg, Stoughton, Sun Prairie, Middleton or anywhere in Wisconsin you cannot compromise your freedom and rights on a cheap one-size-fits-all criminal defense attorney. You need the Madison domestic violence lawyers with a reputation for winning.
Have you been arrested for Domestic Abuse in Wisconsin?
Police are obligated to arrest any person accused of domestic violence if the responding officer believes the person committed domestic abuse against a spouse, former spouse, someone they live with or used to live with, or a person they’ve had children with AND at least one of the following:
- Police believe the person is likely to continue violence;
- there is evidence of physical injury; or
- the accused is the known abuser in the relationship
In Wisconsin, domestic abuse occurs when:
- The person commits sexual assault
- The person caused injury or inflicted pain
- The person’s physical act causes a victim to fear sexual assault, injury or pain
After an arrest for domestic abuse, the accused must be seen by a judge or post bail before being released. Unless specified by a victim’s signed waiver, for 72 hours after the arrest the accused is not allowed to contact the alleged victim or enter their place of residence.
If these conditions are violated, a charge for violating the no-contact order will be added. The penalty for violating the no-contact order can result in up to 9 months in jail and/or a maximum fine of $10,000.
You are only guilty if you are convicted™
Madison-Area Criminal Defense Attorneys Produce World Class Domestic Violence Defenses
If you’re facing any type of domestic violence charge in Wisconsin, it is imperative you get a top-rated Madison criminal defense attorney.
Often domestic violence charges can result from one of two unfortunate situations: (1) the alleged victim is fabricating or exaggerating the story for personal reasons, or (2) the physical contact happened through self-defense.
Many times defendants admit to physical contact through police tactics which manipulate and confuse the accused, which is often taken as an omission of guilt. Your first priority when charged with assault is attaining a Dane County criminal defense attorney with a proven record of winning defenses.
Contact our Madison Domestic Abuse Defense Lawyers for a FREE legal consultation.
How long will a domestic violence charge stay on my record?
A domestic violence conviction can have a lasting impact on your life, even if you are able to get it expunged. A domestic violence convicted directly impacts your second amendment right to bare arms. Even if you are under the correct circumstances to be granted expungement, this can still have impacts for federal law on owning a gun. If you are not eligible for expungement, a domestic violence conviction will remain on your record for life.
How to beat a domestic violence charge in Madison
As the law currently reads, if you are convicted of a criminal act that includes a factor of domestic violence as an enhancer or even just having an element of domestic violence, you are banned from owning and possessing a firearm. This leaves you with two serious questions: (1) What makes a crime “domestic” in nature? And (2) What acts amount to “violence”? Getting a domestic violence charge in Madison dismissed frequently relies on the ability to disprove at least one of those two elements.
Determining what makes domestic violence “domestic” is the easier to answer of the two questions. For the purposed of the crime, domestic includes any person who you have ever resided with. This opens the door to an array of potential victims that you either currently or previously have lived with: significant other, parent, child, sibling, grandparent, roommate, or anyone, provided the “lived with” element is met.